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HARRIS v. ARMSTRONG

64 N.Y.2d 700 (1984)

Robert Harris, Respondent, v. Clarence E. Armstrong et al., as Executors of Lessie V. Cool, Deceased, Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 18, 1984.

Attorney(s) appearing for the Case

Roger W. Avery for appellants.

Lee S. Michaels and Robert K. Bergan for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In our court appellant executors of the estate of Lessie Cool* urge reversal on two grounds, namely, that the decision of the trial court setting aside the jury's verdict and dismissing the complaint against them was proper, and that the trial court erred in its instructions...

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